United States v. Serrano-Ramirez

319 F. Supp. 3d 918
CourtDistrict Court, M.D. Tennessee
DecidedAugust 6, 2018
DocketNO. 3:17-cr-00164
StatusPublished

This text of 319 F. Supp. 3d 918 (United States v. Serrano-Ramirez) is published on Counsel Stack Legal Research, covering District Court, M.D. Tennessee primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Serrano-Ramirez, 319 F. Supp. 3d 918 (M.D. Tenn. 2018).

Opinion

WAVERLY D. CRENSHAW, JR., CHIEF UNITED STATES DISTRICT JUDGE

*920The Court makes the following rulings on two pending motions in this case.

I. Motion to Exclude References to Gang Activity and Affiliation in Government's Case in Chief

Defendant moves to exclude any reference to his alleged gang activities as irrelevant under Federal Rule of Evidence 401. Defendant contends that there is nothing regarding his alleged gang activities that makes any fact more or less probable at trial. (Doc. No. 66 at 1.) Defendant also contends that evidence of his alleged gang activity would be more prejudicial than probative under Federal Rules of Evidence 403 and 404. Under Rule 403, Defendant argues that "today's climate regarding gang activity in the media and in society" dictates that evidence that Defendant is a member of the gang MS-13 must be excluded. (Id. at 2.) Defendant further argues that membership in a criminal gang would not be sufficiently probative of "motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident" under Rule 404(b)(2) to outweigh that prejudice. (Id. ) In sum, Defendant argues that there insufficient connection between the allegation that he is a member of MS-13 and the alleged criminal conduct in the Superseding Indictment to risk the harm such references might cause him. (Id. )

The Government responds that evidence of Defendant's MS-13 gang affiliation is directly relevant to the charge that he tampered with a witness as alleged in Count Three of the Superseding Indictment. (Doc. No. 81 at 4.) The Government maintains that Defendant assaulted a victim ("Victim A") because of Defendant's belief that Victim A was cooperating with law enforcement against him and his MS-13 gang, and thus Defendant's MS-13 gang affiliation makes a fact more or less probable than it would be without the evidence and is a fact of consequence in determining whether the defendant is guilty of tampering with the victim. (Id. ) The Government further argues that any prejudicial effect is outweighed by the central nature of this evidence to the Government's case and can be cured by a cautionary instruction at trial. (Id. at 5.) Finally, the Government contends that evidence of Defendant's MS-13 gang affiliation is admissible because it establishes motive under Rule 404(b)(2).

Under Federal Rule of Evidence 401, evidence is relevant if: (a) it has any tendency to make a fact more or less probable than it would be without the evidence; and (b) the fact is of consequence in determining the action. However, "[t]he court may exclude relevant evidence if its probative value is substantially outweighed by a danger of one or more of the following: unfair prejudice, confusing the issues, misleading the jury, undue delay, wasting time, or needlessly presenting cumulative evidence." F.R.E. 403. Evidence of crimes, wrongs, or "other acts" is generally inadmissible, but "may be admissible for another purpose, such as proving motive, opportunity, intent, preparation, plan, knowledge, identity, absence of mistake, or lack of accident," F.R.E. 404(b)(2), as long as it is also (1) sufficient and (2) not outweighed by its prejudicial effect. United States v. Allen, 619 F.3d 518, 523 (6th Cir. 2010).

"Trial courts must treat evidence of gang affiliation with care since most jurors are likely to look unfavorably upon a defendant's membership in a street gang." United States v. Tolbert, 8 Fed.Appx. 372, 378 (6th Cir. 2001). Evidence of *921gang affiliation is inadmissible if, standing alone, there is no connection between it and the charged offense. United States v. Ford, 761 F.3d 641, 649-50 (6th Cir. 2014) (citing United States v. Anderson, 333 Fed.Appx. 17, 24 (6th Cir. 2009) ); see also United States v. Newsom, 452 F.3d 593, 602-04 (6th Cir. 2006) (holding that, where the district court had allowed the prosecution to cross-examine the defendant as to his tattoos "in great detail," references to a gang, "thug life," and "live and die for" a bag of money were not relevant when the sole charge was being a felon in possession of a firearm); United States v. Hendrix, 52 F.3d 326 (Table), No. 94-1404, 1995 WL 218472, at *3 (6th Cir. Apr. 12, 1995) (holding photo in array with gang signs was irrelevant because there was no connection between the depictions in the photo and the defendant's involvement in drug activity).

That being said, the Court of Appeals for the Sixth Circuit has held that, subject to balancing the probative value of such evidence against its prejudicial effect, evidence of gang affiliation can be admissible to establish the defendant's opportunity to commit a crime. United States v. Jobson, 102 F.3d 214, 221 (6th Cir. 1996) (holding that the defendant's gang membership would make it easier and more likely for him to have access to an assault refile and thus, possess the gun recovered). The Sixth Circuit has also held that gang affiliation is admissible where the interrelationship between people is a central issue in the case. Ford, 761 F.3d at 649 (6th Cir. 2014). See also United States v. Gibbs, 182 F.3d 408, 430 (6th Cir. 1999) (holding that t-shirts found in the defendant's bedroom that contained gang references and violent language were relevant and admissible because the Government's theory was that drug dealers who were members of the gang were in the charged conspiracy).

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Bluebook (online)
319 F. Supp. 3d 918, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-serrano-ramirez-tnmd-2018.